UPSC Preparation: Mechanisms and laws constituted for the protection of vulnerable sections of the Indian society

The Protection of Human Rights Act, 1993 makes provisions for the establishment of State Human Rights Commissions. 23 states have already set up such bodies.

 

Since the formation of the Commission in 1993, there has been immense concern by the Commission for the rights of the vulnerable sections of the society i.e. women, children, disabled, elderly, scheduled castes, scheduled tribes, people belonging to minority communities as well as those living in abject poverty. Let us view on the rights bestowed upon the elderly, prisoners and women and children.

Older Persons (Maintenance, Care and Protection) Bill, 2005

The provisions of the bill include:

Maintenance includes a) financial, b) health requirement, c) protection of life and person, d) recreational and spiritual needs, e) grievance redressal. Maintenance from the family will hitherto be a matter of right for the older persons.

Care embraces a) financial b) housing requirement c) clothing requirement, d) health requirements and, e) companionship requirements, from families and/or the State Government in the case of persons without family support or living beyond poverty line.

Protection covers protection of life and property of the old against exploitation including physical and mental abuse.

After independence, the Constitution of India conferred a number of fundamental right upon citizens. Article 21 of the Constitution guarantees the right of personal liberty and thereby prohibits any inhuman, cruel or degrading treatment to any person whether s(he)  is a national or foreigner. Article 21. Protection of Life and Personal Liberty states “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

The Supreme Court of India, by interpreting Article 21 of the Constitution, has developed human rights jurisprudence for the preservation and protection of prisoners’ rights to maintain human dignity. Any violation of this right attracts the provisions of Article 14 of the Constitution, which enshrines right to equality and equal protection of law. In addition to this, the question of cruelty to prisoners is also dealt with, specifically by the Prison Act, 1894 and the Criminal Procedure Code (CRPC). Any excess committed on a prisoner by the police authorities not only attracts the attention of the legislature but also of the judiciary. The Indian Judiciary, particularly the Supreme Court, in the recent past, has been very vigilant against violations of the human rights of the prisoners. A case concerning the release of under trial prisoner after 54 years in Assam in given below:

Case No. 28/3/2005-2006

Shri Chaman Lal, Special rapporteur, NHRC, during his visit to L.G.B Regional Institute of Mental Health, Tezpur, Assam on 31^st March and April 1^st 2005 found a prisoner, Machang Laling, who was admitted in the L.G.B Regional Institute o Mental Health, Tezpur on April 14, 1951 at the age of 23 years as an Under Trial Prisoner of Guwahati jail u/s 326 IPC. He had remained as UTP in that Institute for 54 years.

The Commission issued a notice to the IG Prisons and Chief Secretary of Assam calling for a report. In response, the IG(Prisons), Assam, reported that the requisite action for his release was taken after the Chief Judicial Magistrate, Kamrup passed orders on July 1^st, 2005 for his release on a token personal bond of Re.1/-. He was handed over to his nephew, Badan Pator, on that same day.

The Commission took note of the action taken by the State Government and closed the case on October 3, 2005.

Some of the important laws concerning women and children include the following:

·         Commission of Sati (Prevention) Act, 1987

·         Criminal Law (Amendment) Act, 1983

·         Dowry Prohibition Act, 1961

·         Immoral Traffic (Prevention) Act, 1956

·         Indecent Representation of Women (Prohibition) Act, 1986

·         National Commission for Women Act, 1990

·         Prohibition of Sexual Harassment of Women at the Workplace Bill, 2010

·         Protection of Women from Domestic Violence Act, 2005

·         Child Labour (Prohibition and Regulation) Act, 1986

·         Child Marriage Restraint Act, 2006

·         Juvenile Justice (Care and Protection of Children) Amendment Act, 2006

The issues concerning human rights in the 21^st century include gender inequality, rights of child, poverty, social, economic and cultural rights, health care and AIDS, terrorism and role of non-governmental organizations.

For more such articles and videos subscribe to the Unacademy YouTube channel and follow Dr. Roman Saini on Facebook.